NIB means NIB, not "tested, but never ridden" or "used once, but put back in the new box". The practical side of me says that if there are some scratches that indicate more clipping than use, I might forego the hassle. However, the less practical (and larger) side of me says that this guy isn't getting over on me and his feet should be held to the fire on items he sells as "NIB". If you're willing to go through the added aggravation, get your money back - there's some indication that it won't be an "of course you're right, and here you are" transaction, but you never seemed like the "doormat" type. Good luck.